S. C. STATE LIBRARY STATE DOCUMENTS

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1 ~ I Suth Carlina Huse f Representatives Legislative Update David H. Wilkins, Speaker f the Huse Vl. 19 February 12, 2002 N. 06 S. C. STATE LIBRARY JAN STATE DOCUMENTS CONTENTS WEEK IN REVIEW 02 JOINT ASSEMBLY 05 HOUSE COMMITTEE ACTION 06 BILLS INTRODUCED IN THE HOUSE THIS WEEK OFFICE OF RESEARCH Rm 213, Blatt Building, P.O. Bx 11867, Clumbia, S.C , (803)

2 . in the petitin, the clerk f curt shall frward the petitin t the prper cunty f venue where it must be filed as if the actin had been initiated in that cunty. The Huse apprved and sent t the Senate H.4391, pertaining t matriculatin and incidental fees charged t students. This bill prvides that schl trustees, when adpting regulatins r plicies regarding matriculatin and incidental fees charged t students, must take int accunt the students' ability t pay and must hld the fee t a minimum reasnable amunt. The bill further prvides that fees may nt be charged t students eligible fr reduced price lunches. The Huse apprved and sent t the Senate H.4030, pertaining t jurisdictin fr the ffense f driving under a suspended license. This bill prvides that the magistrate's curt has cncurrent, nt exclusive, jurisdictin t hear the ffense f driving while ne's license is suspended fr reasns ther than fr driving while under the influence f alchl r drugs. The Huse amended, apprved, and sent t the Senate H.3943, a bill enacting the "Structured Settlement Prtectin Act." The legislatin prvides prcedures t regulate the transfer f structured settlements, including prvisins requiring curt r administrative authrity apprval in advance fr the transfer f structured settlement payment rights, and establishing disclsure requirements. The Huse amended, apprved, and sent t the Senate S.92, a bill revising a Prbate Curt prcedure. The legislatin eliminates the requirement that a deed f distributin be examined by the Prbate Curt befre filing r that it be accmpanied by an affidavit t attest t its accuracy and cmpleteness in regard t the named grantee r grantees. The Huse amended, apprved, and sent t the Senate H.4413, regarding new cnstructin r recnstructin seaward f the baseline. The bill prvides that existing grins may be recnstructed, repaired, and maintained. The bill prvides that new grins may nly be allwed n beaches that have high ersin rates with ersin threatening existing develpment r public parks. The bill prvides that new grins may be cnstructed and existing grins may be recnstructed nly in furtherance f an n-ging beach renurishment effrt which meets DHEC criteria and which is in accrdance with ther requirements specified in the legislatin. A mnitring prgram is required fr the life f such a new grin prject t measure beach prfiles. Grins may nly be permitted after thrugh analysis f the prject demnstrates that there will be n negative effect n adjacent areas. The applicant shall prvide a financially binding cmmitment t cver the cst f crrecting any adverse dwndrift impacts. If mnitring shws increased ersin alng adjacent r dwndrift beaches r shreline high grund likely attributable t the grins, grins must be mdified r remved, and beach restratin perfrmed. Adjacent and dwndrift cmmunities and municipalities must be ntified f all applicatins fr a grin prject. The Huse apprved and sent t the Senate H.4303, a bill that revises cnditins that preclude the registratin f certain trade marks and names. Current law 3

3 JOINT ASSEMBLY The Senate and the Huse f Representatives sat in Jint Assembly n Wednesday, February 6, fr the purpse f cnducting judicial electins. Electin results were as fllws: The Hnrable Jhn H. Waller, Jr., SOUTH CAROLINA SUPREME COURT JUSTICE The Hnrable H. Samuel Stilwell, COURT OF APPEALS JUDGE, SEAT 7 The Hnrable J. Crdell Maddx, Jr., CIRCUIT COURT JUDGE, AT-LARGE, SEAT 7 The Hnrable Alisn Renee Lee, CIRCUIT COURT JUDGE, AT-LARGE, SEAT 11 The Hnrable James E. Brgdn, Jr, CIRCUIT COURT JUDGE, AT-LARGE, SEAT 12 The Hnrable Jhn L. Breeden, Jr., CIRCUIT COURT JUDGE, AT-LARGE, SEAT 13 Gerge M. McFaddin, Jr., FAMILY COURT JUDGE, THIRD JUDICIAL CIRCUIT, SEAT 1 The Hnrable James A. Spruill, Ill, FAMILY COURT JUDGE, FOURTH JUDICIAL CIRCUIT, SEAT 3 The Hnrable Walter B. Brwn, Jr., FAMILY COURT JUDGE, SIXTH JUDICIAL CIRCUIT, SEAT 2 Jcelyn B. Cate, FAMILY COURT JUDGE, NINTH JUDICIAL CIRCUIT, SEAT 5 The Hnrable Aphrdite K. Kndurs, FAMILY COURT JUDGE, THIRTEENTH JUDICIAL CIRCUIT I SEAT 3 The Hnrable Rbert N. Jenkins, Sr., FAMILY COURT JUDGE, THIRTEENTH JUDICIAL CIRCUIT, SEAT 5 The Hnrable Haskell T. Abbtt, Ill was nt elected FAMILY COURT JUDGE, FIFTEENTH JUDICIAL CIRCUIT, SEAT 3 The Hnrable C. Dukes Sctt, ADMINISTRATIVE LAW JUDGE, SEAT 2 5

4 A furteen day temprary saltwater recreatinal fisheries license is created, with a charge f five dllars fr residents and eleven dllars fr nnresidents; temprary license hlders d nt need t acquire an annual license; The agent wh issues saltwater recreatinal fisheries licenses may retain ne dllar per license, and the balance must be paid t the S.C. Department f Natural Resurces; Annual perating license fee t the wner r peratr f a public saltwater fishing pier ne hundred feet r less in ttal length is ne hundred fifty dllars, and fr a pier greater than ne hundred feet in length, the fee is three hundred fifty dllars; Annual perating license fee t the wner r peratr f a charter saltwater fishing vessel carrying six r fewer passengers is ne hundred fifty dllars, tw hundred fifty dllars fr vessels licensed t carry seven t frty-nine passengers, and three hundred fifty dllars fr vessels licensed t carry mre then frty-nine passengers. If the vessel carries nly the passengers wh hire the vessel, the annual license fee is frty dllars. Revenue frm the fee increase must be used nly fr develpment f saltwater recreatinal fishing facilities; scientific research relating t management f saltwater recreatinal fisheries; and fr prtectin, maintenance, r enhancement f saltwater habitat imprtant t the cntinued prductin f fish stcks and their fd surces f significance t saltwater recreatinal fisheries. The Cmmittee reprted favrable with amendment n H.3481, regarding rckfish taken frm Lake Murray. As reprted by the Cmmittee, this bill prvides that during July and August, it is unlawful t retain mre than tw striped bass (rckfish) per day that are taken frm Lake Murray and less than the legal size limit. Currently, the size limit n rckfish taken frm Lake Murray is nt in effect during the mnths f June, July, and August. The Cmmittee reprted favrable with amendment n S.856, which recreates the special water recreatinal resurces fund. As reprted by the Cmmittee, the bill prvides that ne percent f the prceeds frm thirteen cents f the gasline tax must be transmitted t the Department f Natural Resurces (DNR) fr this special fund, and that all balances in the fund must be carried frward annually s that n part f it reverts t any ther fund. The bill prvides that the fund must be apprtined based upn the number f registered bats r ther watercraft in each cunty and expended by DNR t acquire, create, r imprve "water recreatinal resurces" (defined in the bill). The bill prvides that these funds may be used t prmte activities that take place n the water fr recreatin prvided that n mre than ten percent f each annual allcatin may be used fr this purpse beginning July 1, The bill allws each cunty delegatin t make recmmendatins t DNR fr prjects t acquire, create, r imprve water recreatinal resurces, and DNR must give these recmmendatins primary cnsideratin ver any ther prjects. The bill allws DNR t use up t ne third f the funds fr law enfrcement, nxius aquatic weed cntrl, and acquisitin, and the bill requires 7

5 The cmmittee gave a reprt f favrable with amendment t H.3840, a bill pertaining t natinally recgnized building cdes. The legislatin requires all agencies t adpt and enfrce the mst current editins f natinally recgnized cdes and standards fr the cnstructin, manufacture, renvatin, imprvement, and maintenance f structures. The bill prvides a mechanism fr the adptin f these natinally recgnized cdes and fr prpsing and adpting amendments. The bill prvides that, unless therwise required by law, an agency may nt enfrce a prvisin f a natinally recgnized cde t the extent it is incnsistent with any state statute r regulatin that des nt rely n a natinally recgnized cde. The cmmittee gave a favrable reprt n S.45, which prvides revisins t the Suth Carlina Building Cdes Cuncil. The full Huse apprved the bill and enrlled it fr ratificatin (see Huse Week in Review, this issue). The cmmittee gave a reprt f favrable with amendment n H.4430, pertaining t the Suth Carlina Assciatin f Insurance and Financial Advisrs. The full Huse adpted the amendment and sent the bill t the Senate (see Huse Week in Review, this issue). H.4029, the Mtrist Insurance Identificatin Database Act, was recmmitted t the Insurance Subcmmittee. Tw bills were recmmitted t the Real Estate Subcmmittee: H.3090, relating t the Suth Carlina Residential Builders Cmmissin, and H.3440, relating t the licensure and regulatin f residential builders, residential specialty cntractrs, and hme inspectrs. MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS The full Medical, Military, Public and Municipal Affairs Cmmittee reprted favrable n H This bill changes the name f the Suth Carlina Emergency Preparedness Divisin t the "Suth Carlina Emergency Management Divisin." The Cmmittee adjurned debate n H.3145, regarding state and federal criminal recrds checks fr certain direct caregivers. WAYS AND MEANS The full Ways and Means Cmmittee did nt meet this week. 9

6 grunds fr the Department f Scial Services (DSS) t take the child int custdy r fr a family curt t rder that the child be taken int custdy by DSS, unless the refusal causes the child t be neglected r abused. H.4652 "UNITED WE STAND" SPECIAL LICENSE PLATES Rep. Lurie This bill prvides fr the issuance f "United We Stand" special license plates and prvides fr the distributin f the fees cllected fr this special plate. H.4653 MISSED SCHOOL DAYS IN FLORENCE COUNTY Rep. Askins This bill prvides that specified schl days missed this year by students in Flrence Cunty Schl District Three due t inclement weather are exempted frm the make-up requirement. H.4666 ADMINISTRATION DATE OF PACT TEST Rep. Hamiltn This bill prvides that, time permitting, the Palmett Achievement Challenge Test (PACT) shall be administered annually in the Greenville Cunty Schl District n the day fllwing cmpletin f the district's ne hundred sixtieth day f student instructin. If sufficient time des nt remain during that week t cmplete the test, it shall be administered at the beginning f the fllwing week, with the make-up test t begin tw weeks later. The bill als prvides an alternate date in the event that the dates in any year are earlier than the dates set by the State Bard f Educatin fr administratin f the test in ther schl districts that year. H.4670 ELIGIBILITY FOR DRIVER'S LICENSE ISSUANCE Rep. Harrisn Current law allws issuance r renewal f a driver's license t persns frm ther cuntries wh are present in Suth Carlina n a student visa r n a wrk visa, r their dependents. This bill deletes that prvisin and prvides that fr purpses f determining eligibility t btain r renew a Suth Carlina driver's license, the term "resident f Suth Carlina" includes all persns authrized by the U.S. Department f Justice, the U.S. Immigratin and Naturalizatin Service, r the U.S. Department f State t live, wrk, r study in this cuntry n a temprary r permanent basis wh present dcuments indicating their intent t live, wrk, r study in Suth Carlina. The bill prvides that these persns are eligible t btain r renew a driver's license. H.4674 STUDENT USE OR POSSESSION OF A CELL PHONE Rep. Huggins This bill revises the current prhibitin n student pssessin f paging devices by prviding cnditins under which a student may pssess a paging device n schl prperty. The bill includes a cell phne under the definitin f "paging device." The bill als prvides that special schls (such as alternative schls) may, with bard apprval, cmpletely prhibit the use r pssessin f paging devices n their premises. H.4679 GENERAL ASSEMBLY LICENSE PLATES Rep. Rdgers This bill prvides that General Assembly special license plates must be imprinted with the district number f the legislatr and must identify the legislatr as either a Representative r a Senatr. 11

7 S.322 GUARDIAN AD LITEM REFORM ACT OF 2002 Sen. Mescher This bill establishes varius new requirements fr and respnsibilities fr guardians ad litem. S.828 ELECTION OF JUDGES AND JUSTICES Sen. McCnnell This bill revises prvisins fr the electin f judges and justices, s as t repeal a prvisin relating t the exemptin f a public hearing. H.4675 BEER AND WINE SALES AT GAS STATIONS Rep. Haskins This bill prvides that it is unlawful fr a business establishment selling gasline r ther mtr fuels and which pssesses a permit t sell beer and wine t sell refrigerated r chilled beer and wine. The bill als prvides that it is unlawful fr such establishments t sell fewer than six separate cntainers f beer t ne custmer. Penalties are prvided fr vilatins. H.4678 SUSPENSION OF SUNDAY WORK PROHIBITIONS Rep. Rdgers This bill prvides that Sunday wrk prhibitins may be suspended in an unincrprated area by the cunty gverning bdy by rdinance and in an incrprated area by the gverning bdy f a municipality in thse cunties which are nt exempt frm the prhibitin. The bill eliminates certain referendum prvisins. H.4682 SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS Rep. Harrisn This bill revises the scpe f the Unifrm Cmmercial Cde prvisins gverning secured transactins, s as t make the prvisins inapplicable t a transfer by a gvernmental unit after June 30, The bill eliminates prvisins under which the UCC prvisins gverning secured transactins are preempted by a statute f this state r anther state r freign cuntry. H.4683 SOUTH CAROLINA STUDENT-LED MESSAGE ACT Rep. Campsen This bill authrizes the gverning bdy f a schl bard r schl district t adpt plicies that permit the use f a brief pening r clsing message by a student at a high schl graduatin exercise and at a high schl athletic r ther event. The bill prvides the cnditins under which such messages may be delivered. H.4696 JUDICIAL PERFECTION AND SELECTION COMMISSION Rep. W. D. Smith This bill changes the name f the Judicial Merit Selectin Cmmissin t the Judicial Perfectin and Selectin Cmmissin. The bill adds t the criteria the cmmissin must cnsider fr candidates fr judicial ffice the criteria that the candidate is perfect and prf frm a candidate that he has recused himself when he is ging t have a bad day. 13

8 same agency fr the specified emplyee t use fr absences ccurring due t extenuating circumstances. Such transfers must be apprved by the agency directr n a case-by-case basis. S.830 LEAVES OF ABSENCE FOR ORGAN DONORS Sen. Giese This bill prvides fr paid leaves f absence fr state and lcal fficers and emplyees fr purpses f rgan dnatin. H.4676 MERGER OF LEGISLATIVE INFORMATION SYSTEMS (LIS) AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES (LPITR) Rep. Kelley This bill cdifies and prvides fr the merger f LIS and LPITR, transferring all assets and resurces f LIS t LPITR, with the exceptin f ne FTE which must be transferred t the Huse f Representatives. The bill prvides that the merged entity will be knwn as Legislative Printing, Infrmatin and Technlgy Systems (LPITS). H.4677 SERVICES OF FIRE DISTRICTS Rep. Askins This bill authrizes fire districts t prvide, by reslutin f the gverning bdy, certain nntransprtatinal rescue services within the bundaries f the district. T pay fr these services, the bill allws the gverning bdy t levy taxes and t impse fees within the district, and t issue cunty bnds. H.4684 SET-ASIDE FUNDS FOR DEFERRED MAINTENANCE AT PUBLIC COLLEGES AND UNIVERSITIES Rep. White This bill prvides that any Suth Carlina public cllege r university sliciting private funds fr csts assciated with cnstructin r renvatin f a cllege r university building r facility must set aside at least three percent f these mnies in escrw fr the sle purpse f prviding regular r deferred maintenance fr the building r facility. The bill authrizes the Cmmissin n Higher Educatin t waive this prvisin under certain circumstances. H.4694 REPEAL OF CODE SECTION REGARDING CERTAIN DEPARTMENT OF EDUCATION APPROPRIATION Rep. Ctty This bill repeals S.C. Cde f Laws , which reads as fllws: "Funding equal t that apprpriated fr fiscal year must be apprpriated t the Department f Educatin t ffset any reductin suffered by schl districts due t a change in the distributin f emplyer cntributin funds. This funding shall be specifically apprpriated and be reflected as a line item in the Apprpriatins Act. If the fiscal year level f funding t ffset the change in allcatin is nt apprpriated, Sectin f the 1976 Cde shall be suspended." 15